History of public land law development

page 542

542 HISTORY OF PUBLIC LAND LAW DEVELOPMENT Political repercussions, and perhaps a feeling that too much responsibility had been placed in men over whom the Department had little control (they were not bonded), led to the dismissal of the timber agents and of John Wilson, one of the ablest of the Commissioners of the General Land Office, who was held responsible for the trouble into which that office had fallen through his support of the agents.38 Thomas A. Hendricks of Indiana, the new Commissioner, placed sole responsibility for preventing trespassing on the registers and receivers of the local land offices. They were already so burdened with handling the rush of applicants for land that they could not keep up with the posting work of the tract books and making out their monthly reports. Most of the officers were new in their posts, all Whigs having been removed by the Pierce administration. They also hsd to familiarize themselves with the hundreds of statutes and administrative circulars on which their decisions had to be bated. Isaac Willard had traveled nearly 10,000 miles in less than a year ferreting out trespasses, seizing lumber, arranging for its sale, testifying against the accused. How the registers and receivers could make such trips without neglecting their official duties at the office was not explained. Commissioner Hendricks on November 29, 1856, relating continued complaints by settlers of trespass by loggers fatuously said: "It is gratifying to report" that his instruction to the local officers "has been in a great measure successful, and depredations, sional Letters, No. 6, GLO; Cong. Globe, 33d Cong., 1st sess., Feb. 23, 1854, p. 457; H. Ex. Doc, 33d Cong., 1st sess., Vol. 14, No. 115 (Serial No. 727), p. 16. 33 See Cameron, Development of Governmental Forest Control, pp. 152-54, for the way the dismissal was carried out. hitherto committed to a deplorable extent, have almost entirely ceased." 34 Timber Trespass Intensifies Trespassing did not cease. Within 3 months of issuing his circular to the registers and receivers, Hendricks was writing about the theft of 250,000 feet of logs in Minnesota, extensive trespassing in Michigan, large-scale cutting of pine timber on the Winnebago and Chippewa lands in Minnesota and the cutting of 3,000 cords of wood and 1,300 logs near Winona, Minnesota. These and other complaints pouring in led Hendricks to change his mind and to appoint timber agents again since it was evident the local officers were not able to give the public lands any real protection. Unfortunately he revived the worst feature of the earlier policy by making the agents' compensation largely or entirely dependent upon the amount they were able to collect from trespassers. Hendricks agreed to pay one agent $1 a day and agreed to accept Cady's offer to serve as timber agent without pay unless he collected money from sales of timber seized.35 His appointees were paid so little and probably showed so little concern about their obligations that J. M. Edmunds, who succeeded Hendricks, seemed to be unaware that timber agents had been again appointed.36 By 1859 trespassers in Minnesota had become so bold, their operations so extensive, and complaints of their activities 3iH. Ex. Doc, 34th Cong., 3d sess., Vol. 1 (Serial No. 893), No. 1, p. 217; H. Ex. Doc, 35th Cong., 2d sess., Vol. 2 (Serial No. 997) , No. 2, p. 138. 35 Letters of Hendricks of March 21, 20, April 22, and 25, 1856, to registers and receivers, and Oct. 25, 1856, to Almon B. Everts, and to J. Thompson, Nov. 24, 1858, Misc. Vol. 42, GLO. 36 Caleb Smith, Secretary of the Interior, who was looking for patronage, recommended that one of his friends be appointed but Edmunds was skeptical. Edmunds to Caleb Smith, Dec. 10, 1861, Misc. Vol. 42, GLO.